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1. As to KRW 14,00,000 among the Plaintiff’s KRW 47,00,000 and the said KRW 14,00,000, the Defendant shall pay to the Plaintiff the amount from October 1, 2013 to August 4, 2014.
Reasons
1. Basic facts
A. The Defendant was a person who held an garrying event (hereinafter “instant event”) of the first and second floors of the Guro-gu Seoul Metropolitan Government building C (hereinafter “instant building”) from September 2013 to September 2013. The Plaintiff was a person who registered the business under the name of “E” and engaged in wholesale and retail business after registering the business under the name of “E”, and was a person who participated in the instant garmenting event on the first floor of the instant building.
B. On August 29, 2013, the Plaintiff remitted total of KRW 4 million to the Defendant, KRW 5 million on August 31, 2013, KRW 5 million on August 31, 2013, KRW 3 million on September 4, 2013, and KRW 14 million on September 5, 2013.
(hereinafter “instant remittance”). (c)
On September 5, 2013, the Plaintiff: (a) received a proposal from the Defendant that he/she would transfer KRW 12 million from the Defendant to supply Shirts (hereinafter “instant Shirts”); (b) transferred KRW 10,30,000 to the F’s account on September 5, 2013; and (c) paid KRW 170,000 in cash to G on September 6, 2013.
C. On September 1, 2013, the Plaintiff received a proposal from the Defendant to supply KRW 1500,000 in the amount of KRW 45,000,000 to one of his/her lodgings (hereinafter “the instant lodgings”). On September 5, 2013, the Plaintiff remitted KRW 45,00,000 in the aggregate of KRW 15,00,000,000 to the Defendant’s lodgings (hereinafter “the instant lodgings”).
[Ground of recognition] The fact that there is no dispute, Gap 1, 2, 3, Eul 4, witness H's testimony, the whole purport of pleading
2. Determination
A. A. A summary of the Plaintiff’s assertion 1) The Plaintiff received a proposal from the Defendant to pay the proceeds as interest after completing the instant event, and subsequently, made the instant remittance. Therefore, the Defendant is obligated to pay the Plaintiff a loan equivalent to the amount of the instant remittance and the damages for delay thereof. 2) Notwithstanding the agreement that the Defendant agreed to sell the instant event at the time of providing so-called “Sitiuss”, it may not be sold at the instant event as U.S. Erts, even if they were to be sold at the instant event.